Aug 22, 2023 Planning and Zoning Commission

[1. CALL TO ORDER]

[3. CONSENT AGENDA]

[4A. Conduct a public hearing and make a recommendation to City Council on a request by TX Harmony Apartments LLC, for Major Warrants to Article 5.4.11(b) of the Form-Based Code to allow a monument sign and Article 5.4.1 Wall signs to increase the maximum size from 30 square feet to 137 square feet for a wall sign on a property zoned Form-Based Urban Village (FB-UV) District. The site is located at 10001 & 11010 Harmony Hill Lane, south/east of the intersection of Merritt Road and the President George Bush Turnpike, being Lot 1, Block B and Lot 1, Block A of Harmony Hill Addition in the City of Rowlett, Dallas County, Texas.]

[00:09:44]

STAFF? IF THE APPLICANT WOULD LIKE TO

[00:09:46]

EVENING. >> GOOD EVENING.

[00:10:03]

CURRENTLY THERE IS LITTLE TO NO SIGNAGE AT THE HARMONY APARTMENT COMPLEX. REALLY WE ARE TRYING TO IDENTIFY IT AND BRANDED AND ALLOW PEOPLE TO FIND IT.

THE FIRST ONE IS A MODEST SIZE MONUMENT.

IT ALLOWS FOR BRANDING AND ALSO ALLOWS PEOPLE TO SEE AS THEY COME IN THE DRIVE WHICH WAY TO GO TO THE LEASING OFFICE AT ALSO TO THE BUILDINGS. AS MARTIN MENTIONED IT DOES CONFORM WITH THE OVERALL STANDARDS.

ROWLETT THAT'S HOW WE DESIGNED IT.

WE WANTED IT TO BE CONFORMING. AND MODEST IN SIZE.

THE SITE PLAN YOU CAN SEE AS YOU COME DOWN HARMONY HILL LANE IS THE FIRST ENTRANCE AS YOU COME IN TO THE APARTMENT COMPLEX. HE WOULD SEE THE MONUMENT SIGN SO THAT GIVES PEOPLE LOOKING FOR THE FACILITY THE OPPORTUNITY TO SAY I AM IN HARMONY APARTMENTS IN WHICH WAY TO THE LEASING OFFICE. THE SECOND PROPOSAL IS FOR THE BUILDING. THIS IS THE MAIN BUILDING WHERE THE LEASING OFFICE IS. IT FACES THE TURNPIKE.

AGAIN CURRENTLY THERE IS NO SIGNAGE.

WE ARE PROPOSING YOU CAN SEE ON THE LEFT-HAND SIDE WHAT WOULD BE ALLOWED AND WILL NOT BE VISIBLE FROM THE GEORGE BUSH.

WHAT WE ARE PROPOSING IS WOULD NORMALLY BE ALLOWED BY THE ORDINANCE AND WE BELIEVE IT IS PROPORTIONAL TO THE BUILDING AND IT DOES PROVIDE ADEQUATE VISIBILITY TO THE GEORGE BUSH.

WE THINK IT IS APPEALING AND CONSISTENT WITH THE OVERALL COMPLEX. THIS IS ACTUALLY A LOOK FROM THE GEORGE BUSH. IF YOU CAN PICTURE WHAT THE SIGN WILL LOOK LIKE ON THE BUILDING.

IT IS ABOUT THREE OR 60 FEET BACK.

THE LETTER HEIGHT WE ARE PROPOSING 36 INCHES.

WE ASSIGNED GUIDE FOR ISIBILITY THAT FITS THE GENERAL VISIBILITY. AND AGAIN THE OVERALL SITE PLAN SO REALLY YOU'RE JUST ASKING FOR TWO SIGNS.

A MONUMENT SIGN AND THE BUILDING SIGN.

THE MONUMENT SIGN REALLY FOR THE PEOPLE COMING DOWN HARMONY HILL AND THE BUILDING SIGN DIRECTED TOWARD THE GEORGE BUSH. AS I DROVE OVER THIS EVENING I SAW A LOT OF THE SIGNS. THERE ARE SIGNS ALONG THE WAY ALONG GEORGE BUSH. THAT ARE EASILY VISIBLE.

AND ALLOWED WE FEEL LIKE WHAT WE TRIED TO DO WAS MAKE A PROPOSAL THAT WAS REASONABLE AND APPROPRIATE SO WE HOPE WE DID THAT. I HAVE SOME DETAILS ON THE MONUMENT SIGN AS MARTIN MENTIONED IT IS CONSISTENT WITH THE MATERIALS OF THE BUILDING. IT DOES BLEND WITH THE OVERALL APARTMENT COMPLEX. IN THE DETAILS, THIS IS A FRONT LIT CHANNEL UNDERSIGNED THAT WILL GO ON THE BUILDING.

IT IS A FRONT LIT CHANNEL LETTER SIGN.

THE ACTUAL LETTERS ARE BUILT INDIVIDUALLY.

THEY WILL HAVE LEDS IN THEM TH SHINE.

IT IS ON A A CABINET THAT PROVIDES THE BACKER AND THE OVERALL FRAME. OKAY.

THIS IS JUST FOR REFERENCE. IT KIND OF DETAILS FOR THE LOCATION. THAT REALLY IS ALL I HAD TO PRESENT. I WOULD BE HAPPY TO ANSWER ANY

QUESTIONS IF YOU HAVE THEM. >> THANK YOU.

COMMISSIONERS ANY QUESTIONS FOR THE APPLICANT? IT SEEMS PRETTY STRAIGHTFORWARD.

THANK YOU. THIS SIGN IS A PUBLIC HEARING AND AT THIS TIME I WILL OPEN THE PUBLIC NG.

[00:15:02]

GO AHEAD. >> I DON'T SEE ANY REAL DRAWBACKS OR CONCERNS OF WHAT IS BEING REQUESTED.

IT SEEMS LIKE IT IS CONSISTENT WITH OTHER SIGNS THAT WE SEE GOING ON GEORGE BUSH. THE ONLY QUESTION I WOULD HAVE IS WHERE IS BUILDING ONE THROUGH SEVEN? I'M JUST SAYING. OKAY THAT'S ALL I HAVE.

>> I FEEL THE SAME WAY. I THINK THE SIGNS ARE SIMPLE AND ATTRACTIVE AND THEY DO GO WITH EXISTING STRUCTURES.

IT BEING ON GEORGE BUSH AND BEING SO FAR BACK FROM THE FREEWAY I DON'T SEE A PROBLEM WITH IT AT ALL.

ANYBODY ELSE WANT TO COMMENT ON IT? MR. QUINN SEGARS? I THINK WE ARE READY FOR A MOTION. MR. JOHN COTE?

>> MADAM CHAIRMAN AND MAKE A MOTION TO APPROVE THE MAJOR WARRANTS REQUESTED WHICH INCLUDE A MONUMENT SIGN AND A

LARGE WALL GN. >> WE HAVE A MOTION ON THE FLOOR FOR APPROVAL OF THIS ITEM.

WE HAVE A SECOND. ALL IN FAVOR, SAY I. ARE YOU READY FOR US SUSAN? THAT IS UNANIMOUS.

IT PASSES. WE ARE MOVING ONTO ITEM 4B.

[4B. Consider and make a recommendation to the City Council on a request by Clark Staggs, Avia Realty, on behalf of property owner Oh Woo Suk & Yong Shin for the approval of a Tree Removal Permit on property zoned General Commercial/Retail (C-2) District. The subject property is located at the northeastern corner of Lakeview Parkway and Chiesa Road, part of the James Saunders Survey Abstract No. 1424 in the City of Rowlett, Dallas County, Texas.]

YES SIR. >> CHAIR AND COMMISSIONERS THANK YOU FOR YOUR TIME TODAY. AS YOU JUST READ WE ARE LOOKING AT THE PROPERTY AT THE CORNER OF CHIESA ROAD OTHERWISE HIGHWAY 66. NOT LOOKING AT THE ENTIRE PARCEL THAT WOULD BE OVER FOUR ACRES BUT LOOKING AT AN ACRE SHOWING HIGHLIGHTED IN YELLOW ON YOUR STAFF REPORTS.

THIS PORTION HERE IS BEING REQUESTED TO BE CLEARED IN ORDER TO PROVIDE BETTER VISIBILITY FROM THE PARKWAY FOR THIS PARCEL. YES SIR?

>> WHEN YOU SAID THE PARCEL WE ARE TALKING ABOUT THE WHOLE

FOUR ACRE PARCEL? >> WE ARE LOOKING TO CLEAR THE PORTION SHOWN IN YELLOW.> THIS IS PLOTTED AS A SEPARATE

PARCEL? >> IT HAS NOT BEEN PLANTED.

WE ARE CONSIDERING THE ENTIRE PARCEL BUT ONLY LOOKING AT A TREE SURVEY AND CLEARING OF A PORTION OF THAT SITE.

SHOWN IN YELLOW. >> OKAY THANK YOU.

>> YES SIR. AGAIN THE REASON APPLICANT HAS PROVIDED THIS IS TO INCREASE VISIBILITY FROM LAKEVIEW PARKWAY AND ALLOW FOR BETTER MARKETING OF THIS PARCEL FOR COMMERCIAL USE. THE PROPERTY IS ZONED FOR GENERAL COMMERCIAL RETAIL C2. A COUPLE THINGS TO NOTE AND IT WILL BE THE BASIS OF THIS PRESENTATION.

WILL BE THESE TWO SECTIONS OF THE STATE SECTION 77504 H3C STATES REMOVAL OF MORE THAN THREE PRODUCTIVE TREES REQUIRE CITY COUNCIL ACTION UPON RECOGNITION OF THE PLANNING AND ZONING COMMISSION. SECTION 70 7504H FOR E OF THE ROWLETT DEVELOPMENT CODE WHICH STATES THE REMOVAL OF ANY PRODUCTIVE TREE OR CLEARING THE DAMAGE OF TREES FROM ANY CONTIGUOUS AREA 500 SQUARE FEET OR MORE IS PROHIBITED UNLESS AUTHORIZED BY AN APPROVED TREE SURVEY PRESERVATION PLAN OR SITE PLAN. THE APPLICANT IN ADDITION TO

[00:20:01]

THIS IS THE SECTION WE ARE LOOKING AT.

SIMILAR TO THE SECTION IN YELLOW I REFERENCED EARLIER.

THE ENTIRE SURVEY IS PROVIDED IN YOUR POCKET AS AN ATTACHMENT. WE ARE LOOKING AT SEVERAL TREES OF WHICH ONLY 16 OF THESE ARE ACTUALLY PROTECTED SPECIES.

AND THE CORRECT SIZE. THE PROTECTIVE TREES ARE DEFINED AS A MINIMUM OF EIGHT INCHES IN DIAMETER AND HEIGHT WITH THE EXCEPTION OF HANBURY TREES WHICH ARE NOT PROTECTED UNLESS THEY ARE 11 INCHES DBH OR GREATER.

ATTACHMENT SHOWS AN HIGHLIGHTED GREEN THE TREES THAT ARE CURRENTLY BEING CONSIDERED PROTECTED TREES BASED ON THE HEALTH SPECIES AND SIZE. AGAIN DBH IS MEASUREMENT OF A TRUNK DIAMETER FORMAT FEET ABOVE THE GRADE OR GROUND LEVEL. AS A QUICK OVERVIEW WE HAVE A TOTAL ON-SITE AND I SHOULD SAY WITHIN THIS PORTION THAT WAS SURVEYED 715 INCHES WHICH TOTALS 69 TREES, OF THESE IS ON THE TABLE PROVIDED BY THE APPLICANT WE ARE LOOKING AT 16 PRODUCTIVE TREES TOTALING 220 INCHES.

OF WHICH THEY ARE ALL BEING REQUESTED TO BE REMOVED.

THERE ARE NO CREDITS BEING GIVEN BECAUSE APPLICANT IS NOT REQUESTING TO PLANT ANY ADDITIONAL TREES.

THERE ARE NO DEVELOPMENT PLAN OR LANDSCAPE PLANS OR MITIGATION COMPONENTS ASSOCIATED WITH THIS PARCEL.

IT IS SIMPLY A REQUEST TO MOVE TREES AND AGAIN BASED ON THAT THE E REMAINING TO BE MITIGATED WOULD BE TOO EARN 20 INCHES FOR THOSE 16 TREES. SECTION 77504 H FOR E4 H DOES STATE THE DIRECTOR OF COMMUNITY DEVELOPMENT OR CITY COUNCIL UPON RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION MAY APPROVE A REQUEST TO PAY TREE MITIGATION FEES IN LIEU OF PLANTING HIS THEY ARE NOT REQUESTED TO PLANT THIS WOULD OTHERWISE BE THERE ALTERNATIVE WHICH CAN BE APPROVED.

THAT SAID THE APPLICANT IS REQUESTING TO O WAIVE THAT OPTION. REGARDLESS I WANT TO GIVE YOU A GOOD UNDERSTANDING OF WHAT THAT WOULD MEAN WERE THEY TO PAY TO THE REFORESTATION FUND. THE MASTER FEE SCHEDULE DOES SPECIFY PAYMENT OF $121.67 PER CALIBER INCH.

BECAUSE THEY HAVE A TOTAL OF 220 INCHES THIS WOULD YIELD A CONTRIBUTION TO THE REFORESTATION FUND OF $26,767 AND $0.40. A TREE REMOVAL PERMIT MAY BE DENIED IF IT'S DETERMINED THAT REMOVAL OF THE TREE IS NOT REASONABLE. IN ORDER TO CONDUCT ANTICIPATED ACTIVITIES TO REASONABLE ACCOMMODATION CAN BE MADE TO PRESERVE THE TREE OR NUMBER THREE THE PURPOSE AND INTENT TO THE SUBCHAPTER IS NOT BEING MADE BY THE APPLICANT.

IT IS ESSENTIALLY FROM STAFF'S PERSPECTIVE.

WE HAVE NOT MET ANY THREE REQUIREMENTS ABOVE.

SECTION 77504H 40 STATES OR RATHER DOES NOT PERMIT THE AREA REMOVAL OF TREES WITH THE APPROVED SITE PLAN ORTIZ VP FOR TREE PRESERVATION PLAN AND PROPOSED TREE REMOVAL PERMIT DOES NOT MEET INITIAL CRITERIA FOR CONSIDERATION.

AND SHOULD NOT BE PREVENTED APPLICANT HAS RECEIVED APPROVAL OF A DEVELOPMENT. THE APPLICANT HAS NOT MET ANY OF THESE CONDITIONS. THEREFORE WE ARE RECOMMENDING THIS PROJECT NOT BE APPROVED. IN OTHER WORDS WE ARE RECOMMENDING DENIAL OF THE TREE REMOVAL PERMIT AS THERE ARE NO ANTICIPATED DEVELOPMENT ACTIVITIES ON THIS PROPERTY.

THEREFORE REMOVAL OF THE TREES ARE NOT REASONABLE.

THE APPLICANT IS HERE AND HAS A BRIEF PRESENTATION BUT I'M HAPPY TO ANSWER ANY QUESTIONS AT THIS TIME.

>> JUST ONE QUICK QUESTION CARLOS.

YOU EDUCATE ME ON THE REQUIREMENT CONCERNING THE 500 SQUARE CONTIGUOUS SQUARE FEET OF TREE REMOVAL? IS THAT JUST PRODUCTIVE TREES OR ANY TREE IN A CONTINUOUS 500

SQUARE-FOOT AREA? >> WITHIN THE SECTION FOR TREE PRESERVATION IT IS CONCERNING PROTECTED SPECIES AND PROTECTED TREES OTHERWISE APPLICANT IS ALLOWED TO CLEAR.

[00:25:06]

>> ALL THE DEAD TREES AND UNPRODUCTIVE TREES.

>> CORRECT. >> THANK YOU.

>> ON THAT NOTE BECAUSE JOHN AND I THINK A LOT ALIKE THEY CAN GO IN THERE AND TAKE OUT THE UNPRODUCTIVE TREES NOW.

>> THAT IS CORRECT THEY CAN TAKE OUT APPROXIMATELY 33 OF THOSE TREES WITHOUT ANY NEED FOR THIS TREE REMOVAL PERMIT.

>> SO THEY WANT TO TAKE THEM ALL OUT AND DON'T WANT TO PAY THE MITIGATION FEES AND THEY DIDN'T WANT TO PROVIDE WHAT IS IT THE TCP, WHAT DO YOU CALL THAT? I DON'T KNOW IF IT'S OKAY FOR YOU TO ANSWER THIS BUT IF THEY TOOK OUT EVERYTHING BUT THE PRODUCTIVE TREES WOULD IT HELP IN VIEWING THE BUILDING THEY ARE TRYING TO OPEN UP THE VIEW FOR?> CERTAINLY YOU WOULD BE REMOVING, I'M NOT DOING THE MATH PER SE BUT REMOVING AT LEAST 70 PERCENT OF THE SITE.

OR AT LEAST THE SOUTHERN PORTION OF THE STUDY AREA.

YES THERE WILL CERTAINLY BE INCREASING VISIBILITY.

NOT ONLY THAT BUT THEY CAN STILL MANAGE THE EXISTING TREES AND ENSURE THOSE CANOPIES ARE SIX FEET ABOVE VISIBILITY AND THINGS OF THAT SORT WHILE PRESERVING AND ENCOURAGING THE

GROWTH OF THOSE TREES. >> RIGHT.

OKAY. ANY OTHER COMMENTS COMMISSIONERS? FOR STAFF? IF THE APPLICANT WOULD LIKE TO COME UP.

>> CERTAINLY. >> PLEASE STATE YOUR NAME AND ADDRESS FOR OUR RECORDS THIS EVENING SIR.

>> GOOD EVENING MY NAME IS CLARK STAGGS.

1601 SEASCAPE COURT IN ROCKWALL LAKEVIEW PARKWAY IS THE WAY I GET ANYWHERE FROM ROCKWALL SO I SAY HI TO YOU ALL ON A FREQUENT BASIS. MR. MUNAL MAULADAD DESCRIBED THE REQUEST ACCURATELY AND MY JOB IS TO BETTER PRESENT THE CONDITION OF THE PROPERTY RIGHT NOW AND WITH A SERIES OF PHOTOS HAVE Y'ALL HAD A CHANCE TO SEE THE PICTURES I SUBMITTED OR IS

THIS THE FIRST OPPORTUNITY? >> FIRST TIME.

LOOKS WONDERFUL. I WILL TRY TO BE BRIEF.

THE AREA SHOWN ON THE RENT OUTLINE IS THE ENTIRE 4.4 ACRES. THAT INCORPORATES AN AREA OF FLOODPLAIN IN THE CREEK BANK IN THE PROPERTY LINE GOES TO THE MIDDLE OF THE CREEK. THE NET USABLE IS ABOUT 3.6 ACRES WHETHER OR NOT ALL THAT IS BUILDABLE IS UP TO THE TERMINATION OF THE DEVELOPER. THE CLIENT, MY CLIENT, THE OWNERS OF THE PROPERTY, HAVE BEEN STRUGGLING FOR YEARS TO MARKET THIS PROPERTY TO SOMEONE, A DEVELOPER WHO WOULD MAKE USE OF IT. WE'VE HAD A FEW PROPOSALS FROM DEVELOPERS. TYPICALLY LIGHT RETAIL AND NON-ANCHORED RETAIL THAT MIGHT FIT NICELY.

I TALKED TO MR. MUNAL MAULADAD ABOUT IT AND WE'VE BEEN APPROACHED BY PEOPLE WHO ASKED CAN WE PUT MORE SELF STORAGE THERE. WELL, PROBABLY BUT THAT'S NOT THE PREFERRED USE. THIS CORNER IS A HIGH VISIBILITY CORNER. THE SELF STORAGE ACROSS THE STREET IS SCREENED BY THE QUIKTRIP.

WHICH IS BETTER THAN NOTHING. IT IS HIDDEN.

THIS WOULD BE OUT IN THE OPEN. AS MUNAL MAULADAD EXPLAINED THE AREA IN THE FRONT PORTION ABOUT 9/10 OF AN ACRE OR WHERE THE TREES ARE THAT WE ARE CONCERNED WITH.

I WILL ROLL WITH THE FIRST PHOTO.

THESE ARE JUST TO SHOW YOU THE CONDITION ON THE GROUND RIGHT NOW. I CANNOT TELL YOU WHICH TREE IS WHICH NUMBER BUT THEY ARE NOT IN GOOD CONDITION.

BECAUSE THESE TREES HAVE NEVER BEEN MAINTAINED.

THEY'VE NEVER BEEN GIVEN ANY SPECIAL TREATMENT AND NEVER BEEN PRUNED. THEY JUST GET WHAT WATER GOT PROVIDES WHICH HAS NOT BEEN MUCH LATELY.

AS THE TREE SURVEY DESCRIBES SOME OF THEM ARE IN DECLINE.

SOME OF THEM ARE DISEASED SOME ARE MISSHAPEN AS YOU CAN SEE

[00:30:01]

THIS IS FROM THE CLEARED AREA TO THE NORTH LOOK INTO THE SELF. NEVER LOOKING STRAIGHT ST.

AS WE WALKED INTO THE PROPERTY LITTLE BIT IN N QUINCY SELF STORAGE IN THE DISTANCE ON THE OTHER R IDE.

AGAIN I CAN'T TELL YOU WHAT NUMBERS WE ARE LOOKING AT BUT THESE ARE THE CONDITIONS OF THE TREES.

ON THE FAR LEFT EDGE OF THE PHOTOGRAPH THERE ARE TREES WITH DECENT TRUNKS THAT MIGHT BE SIX OR EIGHT INCHES IN DIAMETER.

I DON'T KNOW WHAT THE SPECIES IS THAT WAS PART OF THE SURVEY SUBMITTED TO YOUR PLANNING DEPARTMENT.

HERE'S A SMALL CLUSTER. WE ARE WORKING OUR WAY TOWARD THE HARD CORNER BUT THIS IS AN EXAMPLE.

ALL THE FOLIAGE ON THESE TREES ARE ON ONE SIDE.

THAT'S WHERE THE MISSHAPEN CATEGORY COMES INTO PLAY.

EVEN THE TREES THAT ARE PROTECTED FALL INTO SOME OF THESE CATEGORIES. IT IS JUST THAT THEY ARE IN THE PROTECTED CATEGORIES. HERE'S THE NEXT PHOTO.

STUMPS THAT HAVE BEEN DEAD FOR MAYBE 10 YEARS OR MORE.

SOME TREES THAT ARE IN CLUSTERS IN ALMOST EVERY CASE.

IT WOULD TAKE SOME SKILL FOR A CERTIFIED PERSON OR ARBORIST OR SIMILAR TO REMOVE THE UNPRODUCTIVE TREES WITHOUT INFLICTING HARM TO THE PRODUCTIVE TREES.

THAT WOULD CERTAINLY BE THE REQUIREMENT.

IT WOULD BE ON ANY CONTRACTOR TO ABIDE BY THE CITIES GUIDELINES AND PROTECT THE PRODUCTIVE TREES IF THEY WERE GOING TO REMOVE. IT WOULD BE EASIER AND A LITTLE LESS EXPENSIVE PROBABLY BUT IT WOULD BE EASIER IF THE SITE COULD BE CLEARED IN THIS FRONT 9/10 OF AN ACRE.

TO MAKE THE PROPERTY FAR MORE VISIBLE AND FAR MORE ATTRACTIVE FOR THE 32,000 36,000 CARS GOING EAST AND WEST ON LAKEVIEW PARKWAY EVERY DAY. THAT IS OUR GOAL IS TO MAKE THE PROPERTY MORE VISIBLE AND CONSEQUENTLY MORE ATTRACTIVE TO DEVELOPERS. ONE OF THE BIGGEST QUESTIONS AND A DEVELOPER WILL HAVE WHEN THEY LOOK AT A SITE LIKE THIS WITH TREES ON IT IS THE BIG UNKNOWN.

WHAT IS THAT GOING TO COST TO GET RID OF THE TREES AND MAKE BEST AVAILABLE. ANY DEVELOPER THAT COMES AND WITH ANY KIND OF A PROJECT WILL BE REQUIRED TO PLANT NEW SPECIMEN REES WHICH WOULD BE ATTRACTIVE AND THEY WON'T BE 30 FEET TALL BUT THEY ILL BE SPECIMEN TREES AS OPPOSED TO BIRCH RIGHT THEN AND THESE TREES ARE CLASSIFIED AS SPECIMENS, SOMETHING THAT A RETAILER WOULD OFFER TO THE PUBLIC OR TO DEVELOPERS. THERE IS A CLUSTER.

NOW WE'RE LOOKING AT THE CLUSTER CLOSEST TO LAKEVIEW PARKWAY AND THERE YOU CAN SEE THE BRIDGE AND THE DISTANCE TO THE LEFT FOR THE CREEK THAT GOES TO THE PROPERTY ON THE SIDE OF THE PROPERTY. AGAIN MISSHAPEN.

EVEN THE TREE ON THE RIGHT HAS MOST OF ITS FOLIAGE COMING OFF THE LEFT SIDE. YOU WOULD NOT BUY IT IF IT WAS IN YOUR YARD. YOU WOULD PROBABLY DECIDE I WILL TAKE THIS ONE DOWN AND BUY A NEW ONE.

NOW WE ARE ON JASON AND LOOKING AT THE TREES THAT HAVE BEEN SUBSTANTIALLY TRIMMED BY THE POWER COMPANY BY ENCORE AND OTHERS TO MAKE SURE THE POWER LINES ARE NOT DAMAGED BY THE TREE LIMBS. SOME OF THE TREES ARE PROBABLY PROTECTED. I DON'T KNOW.

WE COULD TAKE A LOOK AT THE MAP AGAIN CARLOS PUT UP THAT YOU CAN SEE AGAIN THEY HAVE NOT BEEN SHAPED AND NOT BEEN PRUNED AND NOT CARED FOR IN ANY WAY. THAT'S MY CHALLENGE.

HERE'S THE TREES ON THE HARD CORNER.

A CLUSTER AND A TREE IN THE MIDDLE THAT IS IN ALL THE CATEGORIES ONLY DECLINED, DISEASED AND MISSHAPEN OR WHATEVER BUT A LITTLE CLUSTER CLOSEST TO THE CORNER AND YOU CAN SEE THE LIMBS OF THE CENTER PORTION DAD AND THERE'S LIVE FOLIAGE. I DON'T KNOW HOW MANY TREES ARE IN THE CLUSTER. I WILL BE THREE OR FOUR OR FIVE. SAME CLUSTER OF TREES FROM THE OPPOSITE SIDE. NOW WE ARE LOOKING FROM THE WEST LOOKING EAST. AGAIN THERE IS MY CHALLENGE.

IT WOULD BE I WILL USE THE WORD BLESSING TO CLEAN THAT SITE COMPLETELY AND MAKE IT SO MUCH MORE ATTRACTIVE.

I'M SURE I COULD CONVINCE THE OWNERS TO COME UP WITH REALLY GOOD GRASS SEED AND PAID $1000 WATER BILL TO MAKE SURE HE'S

[00:35:03]

THERE'S ONE MORE PHOTO. LOOKING TO THE WEST.

TWICE IN THE LAST THREE YEARS I'VE ARRANGED FOR A COMPANY TO COME IN AND CLEAR ALL THE UNDERGROWTH AND POISON OAK AND POISON IVY AND OTHER NOXIOUS WEEDS AND PLANTS JUST TO CLEAN IT UP A LITTLE BIT AND MAKE IT A LITTLE MORE ATTRACTIVE.

WE'VE DONE WHAT WE COULD WITHOUT TOUCHING ANY TREES.

IF YOU WALK IT TOMORROW THAT'S WHAT YOU WOULD SEE.

THAT IS NUMBER 10. THAT'S ALL I'VE GOT.

HERE'S THE REQUEST. I'VE WALKED THE SITE AND LOOKED AT THOSE TREES AND PHOTOGRAPHED PROBABLY AND A HALF DOZEN TIMES OR MORE OVER THE LAST THREE OR FOUR YEARS AND I'M OPEN TO ANY QUESTIONS. I'M NOT HERE TO DEFEND THE TREES THAT MAKE THE REQUEST OF THE OWNERS TO SAY WE WILL SPEND THE MONEY TO CLEAR IT AND IF WE CAN CLEAR IT TO MADAME CHAIRMAN TO YOUR QUESTION WE WOULD LIKE TO CLEAR THE SITE AND MAKE IT REALLY PRISTINE AND VERY ATTRACTIVE TO A DEVELOPER.

THE OWNERS WOULD DECLINE TO PAY THE MITIGATION FEE BECAUSE THEY WILL BE SPENDING MONEY TO HAVE THE TRASH TREES, THE TREES NOT PROTECTED CLEANED UP AS BEST THEY CAN.

THEY WOULD LEAVE THE 16 TREES THAT ARE PROTECTED AND THEN WE WILL SEE VERY CLEARLY THE CONDITION OF THOSE TREES AND YOU MIGHT CALL ME BACK AND SAY HEY WE WANT TO TALK TO YOU ABOUT THE REST OF THE TREES. THAT WILL BE FOR ANOTHER TIME.

>> YES OR MR. JOHN COTE HAS A QUESTIONS OR.

>> MR. STAGGS HOW LONG HAD THE OWNERS ON THIS PROPERTY BACK.

>> I THINK SINCE 1988. BOOKS SINCE THEY PUT NO MONEY INTO THE PROPERTY AS FAR AS TRYING TO PRUNE THE TREES AND HELP THE TREES. > THEY HAVE VOTED AND BEEN VERY FAITHFUL AND MOWING BEFORE THEY GET CERTIFICATE OR NOTICE FROM THE CITY AND DOING WHAT THEY CAN.

>> MOWING IS A REQUIREMENT MY QUESTION IS THE TREES.

SINCE 88 THEY HAVE NOT DONE ANYTHING TO THEN OR TO TRIM OR

TO HELP THESE TREES GROW. >> KNOWING FULL WELL DEVELOPER WILL MORE THAN LIKELY WANT A CLEAN SITE.

>> SINCE 1988 THAT WAS THERE THOUGHT? BOOKS I DON'T THINK ANY ONE OF THE OWNERS HAVE EVER SEEN THE PROPERTY. THOSE THAT WERE RE NAMED ABSOLUTELY DO LIVE IN AIWAN OR A SIMILAR SOUTHEAST ASIAN COUNTRY. AS MANY INVESTMENT PROPERTIES GO IT HAS WARTS AND THINGS HAPPEN IN FORECLOSURES AND PEOPLE GO INTO BANKRUPTCY. THE GENTLEMAN I'M WORKING WITH NOW IN FLORIDA IS VERY COOPERATIVE AND AGREES WITH VIRTUALLY EVERYTHING I RECOMMEND TO HIM.

I DON'T THINK HE SERVICING THE PROPERTY.

HE BOUGHT INTO IT AS PART OF A SETTLEMENT OF SOMETHING.

HE GOT 50 PERCENT. >> WELL THAT'S GOOD.

I'M READING THE LETTER YOU WROTE ON BEHALF OF THE OWNER.

>> OKAY. >> ONE OF THE THINGS YOU SAY IS THE DOWNSIDE IS THE TREE MITIGATION EXPENSES UNKNOWN.

THAT IS PRETTY MUCH $26,077.40. PLUS THE COST OF THE ARBORIST.

THAT IS WELL KNOWN. >> THAT NUMBER DID NOT COME TO

LIGHT UNTIL RECENTLY. >> THAT NUMBER HAS BEEN IN THE MASTER FEE SCHEDULE FOR HOW LONG CAN MARK.

>> THAT IS CORRECT. THE MASTER FEE SCHEDULE HA.

>> THEY JUST DID NOT DO A TREE SURVEY TO DETERMINE WHAT THE SITUATION WAS AS FAR AS PRODUCTION.

PROJECTED TREES WERE NOT. ETC. THE POINT IS THE VALUE EXISTS. THE VALUE IS KNOWN.

>> IT IS KNOWN. >> SECOND IS VISIBILITY AND YOU SAID YOU WANT TO OPEN IT UP SO PEOPLE CAN SEE IT.

BUT BY THE SAME TOKEN YOU SAID YOU HAD SOMEBODY COME IN AND SAY WE WOULD LIKE TO SELF STORAGE AND THAT'S A BAD THING BECAUSE AT LEAST THE SELF STORAGE ACROSS THE STREET IS SCREENED BY THE QUIKTRIP. THIS ONE WOULD BE SCREENED BY

[00:40:03]

SAY THAT. >> IT WILL MAKE IT FAR MORE USABLE. THAT IS THE GOAL.

ANY DEVELOPER WILL WANT TO HAVE A MAXIMIZED USE OF THE

PROPERTY. >> WE HEAR THESE KINDS OF ITEMS A LOT. THIS BOARD.

WE HAVE HEARD A LOT OF DEVELOPERS AGREE VERY READILY TO PAY THE MITIGATION FEES AS OUTLINED BY THE CITY.

I'M TALKING A LOT MORE MONEY THAN $26,000.

AND DID NOT EVEN FLINCH BECAUSE IT WAS THE RIGHT THING TO DO.

I THINK I'M GOING TO PROBABLY TEND TO GO WITH THE CITY ON THIS THERE ARE OTHER OPTIONS. I THINK THEY ARE TRYING TO DO THE RIGHT THING IN ALIGNMENT WITH WHY WE AVE A TREAT RESERVATION ORDINANCE OF THE CITY OF ROWLETT.

I KNOW IT AFFECTED THE PROPERTY I'M ON THAT MY HOME IS ON ANY OTHER QUESTIONS OR COMMENTS FOR OUR APPLICANT?

YES SIR. >> I GUESS IT'S A COMMENT AS I LOOK AT THE CONSISTENCY WE'VE GONE THROUGH WITH THIS TREE REMOVAL PERMITS IN THE AST VERY CONSISTENTLY THEY ARE REPLANTING THE TREES OR APPLIED IT TO THE LAFOND.

PERSONALLY MY ISSUE IS WE ARE NOT TENT.

I WILL BE VOTING AGAINST NST THIS SIMPLY FOR THAT REASON

RIGHT NOW. >> I WILL TAKE THAT COMMENT TO HEART AND I WILL CONVEY IT TO THE OWNERS BECAUSE AS WE TALKED ABOUT THEY HAVE A FEW OPTIONS AND WE ARE GRATEFUL FOR THAT.

ONE OF THE OPTIONS WOULD BE TOO CLEAN UP ALL THE TREES THAT ARE ABSOLUTELY NEEDING TO GO AND WE WILL SEE WHAT WE HAVE LEFT AND THAT WILL BE UP TO A DEVELOPER. THAT GUY WILL HAVE THE 26,000.

BOOKS I IMAGINE IT SOUNDS LIKE THIS IS A PROPERTIES COMPLEX WITH THE OWNERSHIP AND I'M SURE SOMEONE IS TRYING TO MAKE THE MAXIMUM MONEY WITH THE LEAST AMOUNT OF OUTLAY OF CASH COULD I GET THAT YOU ARE THE MESSENGER FOR IT.

>> IF WE FIND AFTER WE REMOVED ALL THE DEBRIS FROM THE PROJECTED TREES AND WE GET A SECOND OPINION WE WANT TO TAKE ANOTHER LOOK AT THOSE TREES I MIGHT BE BACK TO YOU.

I'M GRATEFUL FOR THE HEARING AN OPPORTUNITY TO PRESENT THIS

THIS EVENING. >> WE LIKE TO TAKE CARE OF OUR

CITY AND BE FAIR WITH EVERYONE. >> THANK YOU SO MUCH.

>> ANY QUESTIONS OR COMMENTS FROM ANYBODY ELSE?

THANK YOU SO MUCH. >> THANK YOU ALL FOR YOUR TIME.

>> OKAY. WE ARE READY FOR A MOTION.

>> THAT'S WHAT HAPPENS WHEN YOU TALK.

I WOULD LIKE TO MAKE A MOTION TO DISAPPROVE THE RECOMMENDATION FOR THE TREE REMOVAL PERMIT AND I THINK THAT'S IT. MISSING SOMETHING?

>> SECOND. >> MOTION TO DENY THE TREE APPROVAL, TREE REMOVAL. BOOKS WE HAVE A MOTION ON THE FLOOR. FOR DENIAL OF ITEM 4B ON THE AGENDA. DO I HAVE A SECOND?

>> SECOND. >> WE HAVE A SECOND.

A VOTE OF YES IS FOR DENIAL. SUSAN ARE YOU READY?

[4C. Consider and make a recommendation to City Council on a request by Spiars Engineering, Inc. on behalf of property owner Oden Hughes, LLC. for approval of a Tree Removal Permit on property zoned Form-Based Urban Village (FB-UV). The 22.48-acre site is located approximately 1600 feet south of Main Street, 2300 feet north of Miller Road, and west of President George Bush Highway in the City of Rowlett, Dallas County, Texas.]

CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL ON A REQUEST BY SPIARS ENGINEERING, INC.

ON BEHALF OF PROPERTY OWNER ODEN HUGHES, LLC. FOR APPROVAL OF A TREE REMOVAL PERMIT ON PROPERTY ZONED FORM-BASED URBAN VILLAGE (FB-UV). THE 22.48-ACRE SITE IS LOCATED APPROXIMATELY 1600 FEET SOUTH OF MAIN STREET, 2300 FEET NORTH OF MILLER ROAD, AND WEST OF RESIDENT GEORGE BUSH HIGHWAY IN THE CITY OF ROWLETT, DALLAS COUNTY, S.

>> I WILL KEEP THIS ONE BRIEF MADAM CHAIR.

AS YOU READ THE STAFF REPORT THIS ONE WAS PULLED POSTING THE AGENDA. WAS FUN RATHER FOR FURTHER VERIFICATION OF SOME OF THOSE CREDITS WE WILL BE COMING TO YOU HOPEFULLY IN TWO WEEKS BUT FOR SURE WE WILL BE CERTAIN OF THOSE NUMBERS BY THE TIME WE BRING THEM TO YOU.

I'M HAPPY TO ANSWER ANY UESTIONS.

>> ARE YOU PULLING THIS EM? >> M?

[00:45:08]

>> YES. SO THERE'S NO QUESTIONS AND THE ITEM IS COLD AND IS THE FINAL ITEM ON THE AGENDA.

7:43 PM AND WE ARE

* This transcript was compiled from uncorrected Closed Captioning.